Overview Description

Records of a person with one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had their records expunged under this statute previously, can be expunged. Mont. Code Ann. § 46-18-1104.

Ineligible Category or Citation

Those who have previously had a record expunged under 46-18-1104 are ineligible. Mont. Code Ann. § 46-18-1104(a).

Procedure General

The petition must be filed in the district court. For the specific procedure, see 46-18-1104, 46-18-1110, 46-18-1109. A person seeking expungement shall serve a copy of the petition for expungement to every prosecution office that prosecuted an offense for which expungement is being requested. Mont. Code Ann. § 46-18-1104(1).


There is no statutory language regarding fees.


Upon receipt of an expungement order, the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person’s offenses addressed by the order. Mont. Code Ann. § 46-18-1104.

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